GENERAL TERMS AND CONDITIONS OF
Muellermation Group
§ 1 Scope of application and provider
(1) The General Terms and Conditions (hereinafter referred to as “GTC”) govern the sale of products by Muellermation Group (hereinafter referred to as the provider) to you, in the version valid at the time of the order.
(2) Any deviating terms and conditions of the customer are rejected.
(3) Please read these conditions carefully before placing an order with Muellermation Group. By placing an order with Muellermation Group, you agree to the application of these terms and conditions of sale to your order.
(4) We offer you the following products for sale through Muellermation Group:
The Muellermation Group includes, among other things, the business area of trade in electronic / electrotechnical items and their accessories, as well as machines and services in the field of industrial technology.
§ 2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in German.
(2) The offers are aimed exclusively at end customers with a billing and delivery address in:
worldwide.
For individual bulky goods, the possible delivery addresses and the delivery location may be restricted; the restriction is shown in the respective list price.
(3) The customer must be at least 18 years old.
(4) The presentation of the goods in the online shop does not constitute a legally effective offer. By presenting the goods, the customer is merely invited to make an offer.
(5) Your order represents an offer to Muellermation Group to conclude a purchase contract. The customer makes a binding offer when he has gone through the online ordering process by entering the information requested there and clicks on the button “order with obligation to pay” in the last step of the order.
(6) The purchase agreement between the provider and the customer is only concluded upon the provider's declaration of acceptance. This occurs at the earlier of the two dates, either sending the goods or sending a shipping confirmation by email. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The validity of contracts for larger than household quantities and the commercial resale of the purchased item requires the express confirmation of the provider. This applies both to the number of products ordered in the context of an order and to the placement of multiple orders for the same product, where the individual orders comprise a household quantity.
(8) We store your orders after the contract has been concluded. If you lose the documents for your orders, please contact us by email or telephone. We will send you a copy of the order data.
(9) You agree to receive invoices electronically. Electronic invoices will be sent to you by email or made available in your customer account on the website. We will notify you in the shipping confirmation for each delivery if an electronic invoice is available. Further information about electronic invoices is available on our website.
§ 3 Prices and shipping costs
(1) Our prices include the applicable statutory value added tax and are inclusive of the shipping fee and shipping surcharge. The shipping fees and surcharges vary depending on the type of delivery and the nature of the item.
(2) Despite our best efforts, a small number of products in our catalog may be priced incorrectly. We check prices when we process your order and before charging you. If a product is listed at an incorrect price and the correct price is higher than the price stated on the website, we will contact you before shipping the goods to ask you whether you wish to purchase the product at the correct price or cancel the order. If the correct price of an item is lower than our stated price, we will charge the lower amount and send you the product.
(3) The prices at the time of the order shall apply. If list prices are available, the prices of the list price valid at the time of the order shall apply.
§ 4 Delivery and Cancellation
(1) Unless otherwise agreed, delivery will be made to the delivery address provided by the customer. You can find information on the availability of products sold by Muellermation Group on the website (e.g. on the respective product detail page). We would like to point out that all information regarding the availability, shipping or delivery of a product is only estimated information and approximate values. They do not constitute binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options for the respective product.
(2) If Muellermation Group determines while processing your order that the products you have ordered are not available, you will be informed of this separately by email or by a message in your customer account. The legal claims of the customer remain unaffected.
(3) If delivery to the customer is not possible because the delivered goods do not fit through the customer's front door, front door or staircase or because the customer is not found at the delivery address provided by him, although the delivery time was announced to the customer with a reasonable period of notice, the customer shall bear the costs for the unsuccessful delivery.
(4) Delivery is made depending on the customer's method of payment. In the case of advance payment, delivery is made after the payment order has been issued to the transferring bank. If you pay by PayPal, credit card, gift card, direct debit, instant bank transfer or invoice, delivery will be made after the contract has been concluded.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. The contractual partner is Muellermation Group. Notwithstanding your right of withdrawal, you can cancel your order for a product at any time free of charge before the corresponding shipping confirmation is sent.
§ 5 Customs
(1) If you order products from Muellermation Group for delivery outside the European Union, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no influence on these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
(2) Furthermore, please note that when you order from Muellermation Group, you are considered the importer and must comply with all laws and regulations of the country in which you are receiving the products. The protection of your data is important to us and we would like to make our international customers aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information, please read our customs information.
§ 6 Payment
(1) The customer can pay for the goods using the following payment methods:
- Credit card
- Gift card
- Direct debit:
In the event of a return debit note for which the customer is responsible, the Muellermation Group shall charge a flat-rate compensation fee of €4.99 (four euros and ninety-nine cents). The customer can prove that no damage has occurred at all or that it is significantly lower than the flat rate. The above provisions shall apply mutatis mutandis to payments of the purchase price of goods sold by third-party suppliers.
- Instant bank transfer
- Prepayment
(2) Certain payment methods may be excluded by the supplier in individual cases.
(3) The customer is not permitted to pay for the goods by sending cash or checks.
(4) If the customer chooses an online payment method, the customer authorizes the provider to collect the amounts due at the time of the order.
(5) If the provider offers payment in advance and the customer chooses this payment method, the customer must transfer the invoice amount to the provider's account within five calendar days of receipt of the order. The provider reserves the goods accordingly for five calendar days.
(6) If the provider offers payment by credit card and the customer chooses this payment method, the customer expressly authorizes the provider to collect the amounts due after the partial deliveries or delivery of goods.
(7) If the provider offers payment by direct debit and the customer chooses this payment method, the customer grants the provider a SEPA core direct debit mandate. If a payment transaction is reversed due to insufficient funds or incorrectly transmitted bank details when paying by direct debit, the customer shall bear the costs.
(8) If the provider offers payment in advance and the customer chooses this payment method, the customer is obliged to pay the invoice amount within 14 days of the goods being shipped, without any deduction of discount.
(9) Should the customer fall into arrears with payment, the provider reserves the right to claim compensation for the default.
§ 7 Offsetting and Right of Retention
(1) The purchaser shall only be entitled to offset if the purchaser's counterclaim has been legally established or has not been disputed by the supplier.
(2) The purchaser may only exercise a right of retention if their counterclaim is based on the same contractual relationship.
§ 8 Reservation of Title
Muellermation Group retains ownership of the goods until full payment has been received.
§ 9 Transport damage
(1) Should the purchaser receive the goods with obvious transport damage, the provider requests that he lodge a complaint as soon as possible.
(2) Should the purchaser fail to lodge a complaint, this shall have no consequences for the statutory warranty rights. The purpose of the complaint is to enable the provider to assert his own claims against the carrier.
§ 10 Right of defect
(1) If the purchaser is a consumer, the warranty and liability for defects of the purchased item delivered shall be governed by the statutory provisions: Accordingly, in addition to their 30-day return guarantee, purchasers in the European Union have a warranty period of two years from the date of delivery of the goods and may request the repair or replacement of products purchased from Muellermation Group if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or a price reduction.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the customer is not a consumer, the defect shall be remedied by replacement delivery or new performance.
(4) If the customer is not a consumer, the limitation period is one year. This applies insofar as no claims for damages and reimbursement of expenses are asserted for compensation for damage to body and health or for intent or gross negligence.
§ 11 Limitation of Liability (Products)
(1) The provider is liable for claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations, as well as for other damages that are based on their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the provider.
(2) Material contractual obligations are obligations whose fulfillment is necessary to achieve the purpose of the contract.
(3) The provider is liable for breaches of material contractual obligations that are based on contractually typical, foreseeable damages, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer that are based on injury to life, limb or health.
(4) The provisions of the Product Liability Act shall remain unaffected.
(5) Insofar as the liability of Muellermation Group is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
§ 12 Cancellation policy
(1) If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:
(2) Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods (or the last good, or the first instalment of a multiple-good order, or the first instalment of a multiple-good order).
To exercise your right of withdrawal, you must notify us at:
Muellermation Group
Schumannstr. 27
60325 Frankfurt am Main
Telephone: +49 (0) 800 000 888 6
Email: contact@muellermation-group.com
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the sample withdrawal form on our website or send us another clear declaration. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such a withdrawal.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired and you have returned the goods via our online returns center within the period defined below.
For additional information regarding the scope, content and explanations of how to exercise this right, please contact our customer service.
(3) Consequences of withdrawal
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods to us immediately and in any case no later than 14 days from the date on which you notify us of the cancellation of this contract, to
Muellermation Group
Lange Str. 14
17089 Burow.
The deadline is met if you send the goods before the expiry of the 14-day period. You bear the immediate costs of returning the goods.
(4) Exceptions to the right of withdrawal
You will only have to pay for any diminished value of the goods if this loss in value is due to your handling of the goods in a manner not necessary to ascertain the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply or expires in the case of the following contracts:
- for the delivery of goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or that have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery;
- for the delivery of goods that are made to customer specifications or clearly tailored to personal needs
- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
- for services, if Muellermation Group has provided these in full and you have taken note of this before placing the order and expressly agreed that we can begin providing the service and you will lose your right of withdrawal upon full performance of the contract;
- for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; and
- for the delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the purchase contract, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.
§ 13 Exclusion of the Right of Revocation
(1) The right of revocation does not apply to contracts
- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded;
(2) The right of revocation expires prematurely in the case of contracts
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
§ 14 Data protection
(1) Should personal data (e.g. name, address, email address) be collected, we undertake to obtain your prior consent. We undertake not to disclose any data to third parties without your prior consent.
(2) We would like to point out that the transmission of data over the internet (e.g. by email) can have security gaps. Accordingly, error-free and interference-free protection of third-party data cannot be fully guaranteed. We do not accept any liability in this regard.
(3) Third parties are not entitled to use contact data for commercial activities if the provider has previously given the data subjects written consent.
(4) You have the right at any time to receive complete and free information from Muellermation Group about the data concerning you.
(5) Furthermore, the user has the right to correct/delete data/restrict processing.
(6) Further information on data protection can be found in the separate data protection declaration.
§ 15 Cookies
(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the site visitor's Internet browser.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified by means of the unique cookie ID.
(3) Through the use of cookies, users of this website can be provided with more user-friendly services that would not be possible without the setting of cookies.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies; a banner is available for this purpose that you can use to object/accept.
(6) Of course, you can set your browser so that no cookies are stored on the hard drive or so that cookies that have already been stored are deleted. Instructions on how to prevent and delete cookies can be found in the help function of your browser or from the software manufacturer.
§ 16 Place of Jurisdiction and Applicable Law
(1) For differences of opinion and disputes on the occasion of this contract, the law of the Federal Republic of Germany applies exclusively, excluding the UN Sales Convention.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
§ 17 Final Clauses
(1) Contract language is German / English.
(2) We do not offer any products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may use Muellermation Group only with the involvement of a parent or legal guardian.
(3) If you violate these Terms and Conditions and we do not take action against it, we are still entitled to exercise our rights on any other occasion in which you violate these Terms of Sale.
(4) We reserve the right to make changes to our website, rules and conditions, including these GTC, at any time. The terms and conditions of sale and the GTC in force at the time of your order shall apply to your order, unless a change to these conditions is required by law or official order (in which case they shall also apply to orders you have placed previously). If any provision of these Terms and Conditions of Sale is held to be invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The ineffectiveness of one provision shall not affect the effectiveness of the other provisions of the contract. Should this occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the ineffective provision.